In France, holding or transporting certain cultural property without being able to produce the required supporting documents may have serious customs consequences. The issue is particularly sensitive for antiquities, archaeological objects and ancient coins.
What documents may French Customs request?
Article L. 232-6 of the French Customs Code requires persons holding or transporting the cultural property or national treasures concerned to produce, at the first request of Customs, one of the documents listed by the provision.
Depending on the circumstances, this may be a document showing that the property may lawfully leave the customs territory, evidence of temporary importation from another EU Member State, or evidence of origin issued by a person or company regularly established within the EU customs territory.
The question is therefore not simply whether the holder claims ownership. Customs law creates a distinct documentary requirement.
Ancient coins: an important French Supreme Court case
The issue was examined by the French Supreme Court (Cour de cassation) in a decision of 2 April 2025. Customs officers discovered forty coins, some ancient, in the vehicle of a professional numismatist who said he could not document their provenance.
After obtaining an opinion from the regional cultural affairs authority (DRAC) concerning the nature of the coins, Customs placed the individual in customs detention for holding and transporting cultural property without evidence of origin. A later search led to the discovery of further ancient coins.
The case illustrates two important points: ancient objects are not automatically cultural property merely because of their age, but the combination of their characteristics, expert assessment and missing documentation can rapidly change the nature of a customs control.
Why the first stage matters
The legal classification of the objects, the precise documents requested and the information available to Customs at each stage can affect the subsequent procedure. These issues should be assessed before drawing conclusions from the mere absence of an invoice or provenance document.
About the author
An article written by Alexis Fournol, Attorney at Law and Partner at Fournol & Associés.
Alexis Fournol advises and represents French and international art market professionals and collectors in art market, cultural property, customs and criminal law matters.
How Fournol & Associés can assist
Fournol & Associés regularly advises and represents art market professionals, collectors and owners in French customs matters involving artworks, antiquities, coins and other collectibles. The Firm has handled, and is currently handling, several matters involving customs controls and seizures, provenance and origin documentation, customs investigations and related criminal proceedings.
Our practice combines experience of French customs and criminal proceedings with an in-depth knowledge of the art market and cultural property regulations. We may intervene from the first stages of a customs control or investigation through to proceedings before the French courts.
Foreign clients may instruct Fournol & Associés directly. The Firm works in English and regularly acts as French counsel alongside foreign lawyers and other professional advisers. Contact the Firm.
Related sector and expertise
- Art Market Customs Law for Art and Cultural Property · Art-Related Criminal Law · Import and Export of Works of Art
Frequently Asked Questions
Is an invoice always sufficient evidence of origin?
Not necessarily. The documents required depend on the legal basis relied upon and the circumstances of the object’s movement and origin.
Are ancient coins automatically cultural property?
No. Their legal classification depends on the applicable criteria. In the 2 April 2025 case, the nature and alleged archaeological origin of the coins were central to the analysis.
Can Customs proceedings concern a private collection?
Yes. The relevant customs rules are not limited to professional art dealers. The status of the holder does not by itself exclude a control.
